Case Detail

FOIA Project Annotation: A federal court in Ohio has dismissed Keith DeWitt's FOIA suit against the IRS for lack of jurisdiction. DeWitt, a federal prisoner incarcerated in South Carolina, requested all 1099-C forms with his name and social security number. He received a response from the IRS in Kansas City indicating the search for his records had been completed. However, he never received any documents and subsequently sued in Ohio, claiming he was a citizen of Ohio. Dismissing his suit on venue grounds, the court noted that "although Plaintiff alleges that he is a citizen of Ohio, he is presently incarcerated in federal custody in South Carolina. He therefore presently resides in South Carolina, not Ohio." The court observed that "because [FOIA's jurisdictional provision] hinges jurisdiction to the complainant's residence, Plaintiff's present residence in South Carolina does not establish that this Court has jurisdiction over his complaint. Additionally, the other possible districts that have jurisdiction over the complaint are not in Ohio. The complaint does not alleged that plaintiff has a principal place of business in Ohio. The complaint also does not allege that the IRS records he seeks are in Ohio. The complaint instead indicates that he received a letter from the IRS in Kansas City, Missouri and that he has written follow-up letters to the IRS in Kansas City. It appears that district courts in Missouri may have jurisdiction over Plaintiff's complaint. More clearly, under the express language of [FOIA's jurisdictional provisions] district courts in the District of Columbia have jurisdiction over Plaintiff's complaint."
Issues: Litigation - Jurisdiction - Venue

FOIA Project Annotation: A federal court in Ohio has ruled that prisoner Keith DeWitt failed to exhaust his administrative remedies when he tried to piggyback his 2016 FOIA request to the IRS with an alleged 2014 request he claimed to have made to the IRS's Kansas City office. Ruling in DeWitt's case had been complicated by the fact that he had been moved from his original prison facility in Ohio, where he originally filed his suit, to another federal facility in Edgefield, South Carolina. During that time, the government apparently lost track of him and argued that his suit should be dismissed because of lack of prosecution on his part. However, even after DeWitt was able to respond, the court, after reviewing an affidavit submitted by Deborah Lambert-Dean, the IRS attorney who oversaw the processing of DeWitt's request, agreed with the agency that DeWitt had failed to show that he had submitted the 2014 request. The court pointed out that "at this stage of the case, without affirmative evidence supporting these allegations, there is no genuine dispute over the fact that the IRS has no documentation indicating that Plaintiff has exhausted his claim." The court added that "even if non-exhaustion of administrative remedies is viewed as an affirmative defense upon which the Government bears the ultimate burden of proof, the Government is entitled to summary judgment because Lambert-Dean's sworn Declaration â€" which no evidence of record refutes â€" satisfies the Government's burden of establishing non-exhaustion." Rejecting DeWitt's claim to link his 2016 request to his unanswered 2014 request, the court noted that "chronologically, his January 2016 request for information cannot serve as his alleged request in 2014 for information to which the IRS allegedly failed to respond. In other words, his request for information in January 2016 does not create a genuine issue of material fact over whether the IRS received his request in 2014 or over the IRS's actions or omissions in 2014."
Issues: Litigation - Jurisdiction - Failure to Exhaust

Date Filed	Doc #	Docket Text
2016-01-13	1	COMPLAINT against Commissioner of the Internal Revenue Service, filed by Keith W DeWitt, Sr. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (pb) (Entered: 01/13/2016)
2016-01-29	2	MOTION for Leave to Proceed in forma pauperis by Plaintiff Keith W DeWitt, Sr. Responses due by 2/22/2016 (Attachments: # 1 Correspondence, # 2 Correspondence - Plaintiff titled document as Bond) (srb) (Entered: 01/29/2016)
2016-02-02	3	ORDER granting 2 Motion for Leave to Proceed in forma pauperis and Ordering the Collection of the Full Filing Fee. Signed by Magistrate Judge Sharon L. Ovington on 2/2/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/02/2016)
2016-02-11	4	MOTION - Writ of Attachment by Plaintiff Keith W DeWitt, Sr. Responses due by 3/7/2016 (ead) (Entered: 02/11/2016)
2016-02-26	5	REPORT AND RECOMMENDATIONS: 1) Complaint filed by Plaintiff Keith DeWitt, Sr. be DISMISSED without prejudice; 2) Plaintiff's Motion for Writ of Attachment 4 be DENIED as moot; 3) The Court certify that Plaintiff's appeal, if any, would not be taken in good faith; and, 4) The case be terminated on the docket of this Court. Objections to R&R due by 3/14/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 2/26/16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/26/2016)
2016-03-14	6	OBJECTION to 5 Report and Recommendations by Plaintiff Keith W DeWitt, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (pb) (Entered: 03/14/2016)
2016-05-26	7	DECISION AND ENTRY SUSTAINING OBJECTIONS 6 TO REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 5 ), DENYING REPORT AND RECOMMENDATIONS AND REFERRING THE MATTER TO THE MAGISTRATE JUDGE FOR FURTHER ACTION. Signed by Judge Thomas M. Rose on 5-26-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 5/27/2016 (pb). (Entered: 05/26/2016)
2016-06-01	8	ORDER - IT IS THEREFORE ORDERED THAT: 1. The Clerk of Court is directed to mail summons forms to Plaintiff at his address of record. Plaintiff shall complete the summons forms and return them to the Clerk of Court. The United States Marshall shall thereafter effect service of summons and complaint. All costs of service shall be advanced by the United States. 2. Plaintiff must serve Defendant or its attorney in the event the attorneysappearance is entered in the record with a copy of every document submittedfor consideration by the Court. Plaintiff shall include with the original paperto be filed with the Clerk of Court a certificate stating the date and a true and correct copy of any document mailed to defendant or its attorney. Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk of Court or that fails to include a certificate of service will be disregarded by the Court. 3. Plaintiff must inform the Clerk of Court promptly of any changes of address he has during the pendency of this lawsuit. Failure to do so may result in dismissal of this case for failure to prosecute. Signed by Magistrate Judge Sharon L. Ovington on 6/1/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/01/2016)
2016-08-02	9	ORDER TO SHOW CAUSE Show Cause Response due by 9/2/2016. Signed by Chief Magistrate Judge Sharon L. Ovington on 8/2/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/02/2016)
2016-08-15		NOTATION ORDER denying 4 Plaintiff's Motion for Writ of Attachment is DENIED without prejudice to renewal upon effective service of summons and complaint. The Clerk of Court is directed to mail the remaining forms Plaintiff needs to effect service. Plaintiff shall complete and return the forms to the Clerk of Court. Signed by Chief Magistrate Judge Sharon L. Ovington on 8-15-16. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 08/15/2016)
2016-08-22	11	Summons Issued as to Commissioner of the Internal Revenue Service, U.S. Attorney and U.S. Attorney General (pb) (Entered: 08/22/2016)
2016-11-01	12	SUMMONS Returned Executed as to Defendant Commissioner of the Internal Revenue Service. Commissioner of the Internal Revenue Service served on 10/18/2016, answer due 12/19/2016. (kma) (Entered: 11/01/2016)
2016-11-03	13	NOTICE of Appearance by Nicholas John Pantel for Defendant Commissioner of the Internal Revenue Service (Pantel, Nicholas) (Entered: 11/03/2016)
2016-11-15	14	MOTION for Extension of Time to File Response/Reply as to 1 Complaint New date requested 1/17/2017. by Defendant Commissioner of the Internal Revenue Service. Responses due by 12/9/2016 (Pantel, Nicholas) (Entered: 11/15/2016)
2016-11-16		NOTATION ORDER: Granting 14 Defendant's Motion for Extension of Time to File Response to Plaintiff's Complaint. Defendant's Response to Plaintiff's Complaint due 1/17/2017 . Signed by Chief Magistrate Judge Sharon L. Ovington on 11/16/2016. (lek) (This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/16/2016)
2017-01-17	15	ANSWER to 1 Complaint filed by Commissioner of the Internal Revenue Service. (Hunsader, Joseph) (Entered: 01/17/2017)
2017-02-07	16	Response to re 15 Answer by Plaintiff Keith W DeWitt, Sr. (Attachments: # 1 Attachment 1, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8) (kma) (Entered: 02/07/2017)
2017-04-17	17	Petition for Summary Judgment by Plaintiff Keith W DeWitt, Sr. (jmb) (Entered: 04/17/2017)
2017-06-12	18	REPORT AND RECOMMENDATIONS: 17 Plaintiff's Petition for Summary Judgment be DENIED. Objections to R&R due by 6/26/2017. Signed by Magistrate Judge Sharon L. Ovington on 6-12-17. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/12/2017)
2017-06-27	19	ORDER ADOPTING REPORT AND RECOMMENDATIONS 18 . Plaintiff's pro se Petition for Summary Judgment 17 is DENIED. Signed by Judge Thomas M. Rose on 6-27-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/27/2017)
2017-07-11	20	PRELIMINARY PRETRIAL CONFEENCE ORDER: In accordance with mandates of Fed. R. Civ. P. 26(f), the parties must meet and confer in order to file their 26(f) Report by August 11, 2017. Pretrial procedures and forms can be found on the Courts website at www.ohsd.uscourts.gov. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will issue. Signed by Magistrate Judge Sharon L. Ovington on 7/11/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/11/2017)
2018-11-20	21	ORDER TO SHOW CAUSE Show Cause Response due by 12/14/2018.. Signed by Magistrate Judge Sharon L. Ovington on 11/20/2018. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/20/2018)
2018-11-21	22	NOTICE of Appearance by Sean Paul O'Donnell for Defendant Commissioner of the Internal Revenue Service (O'Donnell, Sean) (Entered: 11/21/2018)
2018-12-06	23	RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Keith W DeWitt, Sr. (pb) (Entered: 12/06/2018)
2018-12-10	24	ORDER - Defendant's counsel is hereby ORDERED to file, by December 27, 2018, a Status Report identifying the remaining issues in this case and indicating the status of any settlement negotiations in which the parties have engaged. Status Report due by 12/27/2018.. Signed by Magistrate Judge Sharon L. Ovington on 12-10-18. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/10/2018)
2018-12-14	25	Letter from Keith W. DeWitt, Sr. (Attachments: # 1 Mailing Envelope) (kma) (Entered: 12/14/2018)
2018-12-21	26	STATUS REPORT by Defendant Commissioner of the Internal Revenue Service. (O'Donnell, Sean) (Entered: 12/21/2018)
2019-01-25		NOTATION ORDER: This case has been suspended, postponed and held in abeyance as of December 26, 2018 and remains in effect until further Order of the Court. See General Order 18-02, Second Amended; https://www.ohsd.uscourts.gov (search: General Order 18-02). Accordingly, this case is STAYED on the Courts docket pending further action by the undersigned. IT IS SO ORDERED. Signed by Magistrate Judge Sharon L. Ovington on 1/25/2019. (jmb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/25/2019)
2019-04-11	27	ORDER - Upon review of the Commissioners Status Report (Doc. # 21 ), and the record as a whole, it is hereby ORDERED that: 1. The Notation Order previously staying this case is VACATED, and the Clerk of Court is directed to reopen this case on the Courts docket. 2. Dispostive motionsincluding motions for summary judgmentsmust be filed by May 17, 2019. 3. Additional case-management dates, if necessary, will be set upon the resolution of dispostive motions. (Dispositive motions due by 5/17/2019.). Signed by Magistrate Judge Sharon L. Ovington on 4/11/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 04/11/2019)
2019-06-05	28	MOTION to Dismiss for Lack of Jurisdiction , or Alternatively for Summary Judgment by Defendant Commissioner of the Internal Revenue Service. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, or Alternatively for Summary Judgment, # 2 Text of Proposed Order, # 3 Declaration of Deborah Lambert-Dean, # 4 Exhibit A, Executed IRS Form 8821) (O'Donnell, Sean) (Entered: 06/05/2019)
2019-06-06	29	NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS AND ALTERNATIVE MOTION FOR SUMMARY JUDGMENT - RE: 28 . (Responses due by 7/1/2019). Signed by Magistrate Judge Sharon L. Ovington on 6/6/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 06/06/2019)
2019-06-17	30	Mail Returned as Undeliverable re 29 . Mail sent to Keith W Dewitt Sr. (kma) (Entered: 06/17/2019)
2019-07-12	31	ORDER TO SHOW CAUSE: Plaintiff is ORDERED TO SHOW CAUSE, in writing on or before July 31, 2019, why the Court should not dismiss this case due to his lack of prosecution. Signed by Magistrate Judge Sharon L. Ovington on 6-12-19. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 07/12/2019)
2019-09-20	32	RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Keith W DeWitt, Sr. (pb) (Entered: 09/20/2019)
2019-11-06	33	ORDER - Defendant is ORDERED to serve a copy of 28 the Motion to Dismiss, or Alternatively for Summary Judgment on Plaintiff at his present address of record. Plaintiff is placed on NOTICE that if he fails to file a timely response to Defendant's Motion 28 , the Motion to Dismiss, or Alternatively for Summary Judgment may be granted and his Complaint dismissed. Signed by Magistrate Judge Sharon L. Ovington on 11-6-19. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 11/06/2019)
2019-12-17	34	NOTICE by Defendant Commissioner of the Internal Revenue Service re 33 Order,, (Attachments: # 1 Ex. A, Certified Mail Receipt) (O'Donnell, Sean) (Entered: 12/17/2019)
2019-12-17	35	ORDER - Plaintiff is placed on NOTICE that if he fails to timely respond to Defendants Motion by January 3, 2020, the Motion may be granted and his Complaint dismissed. Signed by Magistrate Judge Sharon L. Ovington on 12/17/2019. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 12/17/2019)
2020-01-03	36	RESPONSE to Motion Re: 28 MOTION to Dismiss for Lack of Jurisdiction , or Alternatively for Summary Judgment filed by Plaintiff Keith W DeWitt, Sr. (cib) (Entered: 01/03/2020)
2020-01-17	37	REPLY to Response to Motion re 28 MOTION to Dismiss for Lack of Jurisdiction , or Alternatively for Summary Judgment filed by Defendant Commissioner of the Internal Revenue Service. (Hunsader, Joseph) (Entered: 01/17/2020)
2020-01-27	38	REPORT AND RECOMMENDATIONS: 1) The Government's Motion to Dismiss, or Alternatively for Summary Judgment 28 be GRANTED and summary judgment be entered in the Government's favor and against Plaintiff; and 2) The case be terminated on the docket of the Court. Objections to R&R due by 2/10/2020. Signed by Magistrate Judge Sharon L. Ovington on 1-27-20. (mcm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 01/27/2020)
2020-02-14	39	Mail Returned as Undeliverable. Mail sent to Keith W. DeWitt Sr. re 38 (kma) (Entered: 02/14/2020)
2020-02-21	40	ORDER ADOPTING REPORT AND RECOMMENDATIONS - It is ordered the Report and Recommendations docketed on January 27, 2020 38 is ADOPTED in full, the Government's Motion to Dismiss, or Alternatively for Summary Judgment 28 is GRANTED and summary judgment is entered in the Government's favor and against Plaintiff; and the case is terminated on the Court's docket. Signed by Judge Thomas M. Rose on 2-21-2020. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/21/2020)
2020-02-21	41	CLERK'S JUDGMENT. Signed on 2/21/2020. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (Entered: 02/21/2020)
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